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JYOTI SINGH
Delhi Jal Board And Ors – Appellant
Versus
Dda Allottees Association Through Its President – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
C.M. APPL. 7991/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM APPL. 7990/2023 (for condonation of delay)
3. Issue notice.
4. Counsels, as above, accept notice on behalf of the Respondents.
5. For the reasons stated in the application, the delay in filing the appeal is condoned.
6. Application is allowed and disposed of.
RFA 129/2023 & C.M. APPL.7989/2023 (stay)
7. This regular first appeal has been filed assailing the impugned judgment and decree dated 08.06.2022 as well as the order dated 11.02.2021 passed by the learned Trial Court in CS No. 386/2019. Appellant was Defendant No. 1 in the suit and Respondent No. 1 herein was the Plaintiff. Parties hereinafter are referred to by their litigating status before the Trial Court.
8. At the outset, learned counsel for the Plaintiff hands over a copy of an order dated 13.02.2023 passed in Execution No.237/2022, wherein it is recorded that the possession of the suit property has been handed over to the Decree Holder by the Judgment Debtor through the assistance of a Court Bailiff on 20.01.2023. It is the contention of the Decree Holder that this fact
A party claiming adverse possession must prove peaceful, open, and continuous possession, with evidence of hostile animus and possession adverse to the knowledge of the real owner.
The suit for possession was maintainable without seeking a declaration of title as the plaintiff's title was not challenged, and the appellant's possessory claim was derived from a lease deed with a ....
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
The essential ingredients for adverse possession must be pleaded clearly, and long possession alone is not sufficient to establish adverse possession.
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